Statement Case Management ConferenceCal. Super. - 6th Dist.November 20, 202020CV373869 Santa Clara - Civil §M-1Lo ATrORNEY 0R PARTY WITHOUT ATrORNEY (Name, State Barnumber, and address): FOR COURT USE ONLY "ymm” 0’ °tem Allison L. Cardenas, SBN 272924 Joseph L.J. Appel, SBN 276946 Lewis Brisbois Bisgaard & Smith LLP Electronically Filed San Francisco CA 94104 c’ ount of Santa Clara TELEPHONE N0.: 41 5-362-2580 FAX N0. (Optional): 41 5-434-0882 y _ ’ . . . on 8/2/2021 12.03 PM E-MAILADDREssmpt/onal); Joseph.Appel@leWIsbrIsb0Is.com R . d B _ S S ATrORNEY FOR (Name): Defendant BBVA USA ev'ewe y' YStem yStem SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA case #20?V373869 STREETADDRESS: 191 North First Street EnveloPe' 6974840 MAILING ADDRESS: CITY AND ZIP CODE: San Jose, CA 951 13 BRANCH NAME; PLAINTIFF/PETITIONER: Kimberly Doe DEFENDANT/RESPONDENT: BBVA USA CASE MANAGEMENT STATEMENT 3:53;;32569 (Check one): E UNLIMITED CASE D LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 24, 2021 Time: 10:00 a.m. Dept: 19 Div.: Room: Address of court (if different from the address above): g Notice of Intent to Appear by Telephone, by (name): Joseph L.J. Appel INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. g This statement is submitted by party (name): Defendant BBVA USA b. D This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. D The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. D A|| parties named in the complaint and cross-complaint have been sewed, have appeared. or have been dismissed. b. D The following parties named in the complaint or cross-complaint (1) D have not been served (specify names and explain why not): (2) D have been served but have not appeared and have not been dismissed (specify names): (3) D have had a default entered against them (specify names): c. D The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in E complaint D cross-complaint (Describe, including causes ofaction): Plaintiff alleges the following COA: (1) Sexual Harassment, (2) Retaliation, (3) Wrongful Termination, (4) Breach of the Covenant of Good Faith and Fair Dealings, and (5) Battery. Plaintiff dismissed her IIED COA. Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.72m3.730 CM-1 10 [Rev. July 1, 201 1] www.courts.ca‘gov American LegalNet, Inc. www.FormsWorkFlow.com V CM-110 PLAINTIFF/PETITIONER: K' b | D CASE NUMBER: _ lm ery oe 20CV373869 DEFENDANT/RESPONDENT: BBVA USA 4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Defendant BBVA denies all of Plaintiff's claims and contends that Plaintiff voluntarily resigned from her employment at BBVA. D (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request E a jury trial D a nonjury trial. (If more than one pariy, provide the name of each party requesting a jury trial): 6. Trialdate a. D Thetrialhas been setfor (date): b. E No trial date has been set. This case wi|| be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 3/14-3/30, 2022 (trial), 7/1 5-7/26, 2022 (trial), 8/9-8/18, 2022 (trial), 11/1 5-1 1/30, 2022 (trial) 7. Estimated length of trial The party or parties estimate that the trial wi|| take (check one): a. E days (specify number):5-7 b. D hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial g by the attorney or party listed in the caption D by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: D Additional representation is described in Attachment 8. 9. Preference D This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel X has D has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented patties: Party D has D has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D This matter is subject t0 mandatoryjudicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) D Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) X This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): Rule 3.81 1 (b)(6)-(8) CM-“OIReV- Ju'v 112°“! CASE MANAGEMENT STATEMENT Pawn” American LegalNet, Inc. www.FormsWorkFlow.c0m . CM-110 PLAINTIFF/PETITIONER: Kimberly Doe D-EFENDANT/RESPONDENT: BBVA USA CASE NUMBER: ZOCV373869 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check all that apply): If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties'ADR stipulation): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date) : Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): DUDE DUDE DUDE DUDE DUDE DUDE ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-1 1o [Rev. July 1, 201 1] CASE MANAGEMENT STATEMENT Page 3 of5 American LegalNet, Inc. www.FormsWorkFlow.com CM-110 PLAINTIFF PETITI NER: K I D CASE NUMBER:_ ’ O 'mbery °e 200v373869 DEFENDANT/RESPONDENT: BBVA USA 11. Insurance a. D Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: D Yes D No c. D Coverage issues wi|| significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. D Bankruptcy D Other (specify): Status: 13. Related cases, consolidation, and coordination a. D There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: D Additional cases are described in Attachment 13a. b. D Amotionto D consolidate D coordinate willbe filed by (nameparfy): 14. Bifurcation D The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions E The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Defendant might file a motion for summaryjudgment or adjudication. 16. Discovery a. D The party or parties have completed all discovery. b X The following discovery wi|| be completed by the date specified (descn'be all anticipated discovery): Party Descrigtion Date Defendant Plaintiff‘s Deposition Per CCP Defendant Written Discovery Per CCP c. g The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): The parties have scheduled an informal discovery conference on August 13, 2021 with Judge Kirwan to address numerous discovery issues. While Defendant is hopeful that all issues will be resolved and wi|| attend the IDC in good faith to resolve all issues at that time, it anticipates that some issues will remain unresolved and may require motion practice to resolve. CM-“OIReV- Ju'v 1120111 CASE MANAGEMENT STATEMENT P3994“ American LegalNet, Inc. www.FormsWorkFlow.com V. CM-110 . ' CASE NUMBER:PLAINTIFF/PETITIONER. Kimberly Doe 20CV373869 -DEFENDANT/RESPONDENT: BBVA USA 17. Economic litigation a. D This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. D This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues D The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. E The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (ifany): O | am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: August 2, 2021 Joseph L.J. Appel LW (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) b (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) D Additional signatures are attached. CM-“OIReV- Ju'v 1120111 CASE MANAGEMENT STATEMENT ”995°” American LegalNet, Inc. www.FormsWorkFlow.com A QGUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CALIFORNIA STATE COURT PROOF OF SERVICE Kimberly Doe v. BBVA USA, et al. Santa Clara Superior, Case N0. 20CV373869 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO At the time of service, Iwas over 18 years of age and not a party t0 this action. My business address is 333 Bush Street, Suite 1100, San Francisco, CA 94104-2872. On August 2, 2021, I served true copies of the following document: CASE MANAGEMENT STATEMENT FOR AUGUST 24, 2021 I served the document on the following persons at the following addresses (including fax numbers and e-mail addresses, if applicable): SEE ATTACHED SERVICE LIST The document was served by the following means: (BY ELECTRONIC SERVICE VIA FIRST LEGAL) Based 0n a court order, I caused the above-entitled document t0 be served through First Legal at https://firstlegal.com addressed t0 all parties appearing on the electronic service list for the above-entitled case. The service transmission was reported as complete and a copy 0f the First Legal Filing Receipt Page/Confirmation will be filed, deposited, or maintained with the original document in this office. I declare under penalty of perjury under the laws 0f the State 0f California that the foregoing is true and correct. Executed on August 2, 2021, at San Leandro, California.W Betty Jeung 4846-7061-0164.1 1 PROOF OF SERVICE .b QGUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SERVICE LIST Kimberly Doe v. BBVA USA, et al. Santa Clara Superior, Case N0. 20CV373869 TODD K. DAVIS Farling, Hecht & Davis, LLP 96 North Third Street, Suite 660 San Jose, CA 951 12 David M. Marchiano Brown Gee & Wenger 200 Pringle Avenue, Suite 400 Walnut Creek, CA 94596 4846-7061 -0164.1 Attorneysfor Plaintiffi Kimberly Doe Telephone: 408 .295 .6 1 00 Facsimile: 408299.0396 Email: t0dd@fhdllp.com todd@farlinghechtanddavis.com marvben@farlinghechtanddavis .com Attorneysfor Mahmoud Alaeddin Telephone: 925-943-5000 Email: dmarchiano®bgwcounsel.com tDico@b2wcounsel.com 2 PROOF OF SERVICE
